Ambler v. Ambler
New York Supreme Court
Motion that plaintiff be required to file security for costs. The motion was resisted on the ground that the plaintiff, though a non-resident at the time of commencing his action, had since become a resident.
1Opinion of the CourtRoosevelt, J.
In this case, when the summons was issued, the plaintiff was not “ residing within the jurisdiction of the court.” He was therefore bound to file security for costs, and even if he afterwards changed his residence, the law makes no exception in that case. It looks to the state of things existing “ at the commencement of the suit,” unless where a plaintiff *341resident afterwards becomes a non-resident. No provision is made for a plaintiff non-resident afterwards becoming resident. That change, therefore, even if it occurred in this case, which is by no means clear, would not relieve the plaintiff.
2Cited by2 opinions
- Sims v. BonnerThe Superior Court of the City of New York and Buffalo · 1891
- Mieteika v. Minderman, New York County Courts1922